Selangor still at risk of snap polls, say constitutional lawyers

Selangor menteri besar Tan Sri Abdul Khalid Ibrahim (left) has one card left to use that may not favour Pakatan Rakyat in the state impasse: he could convince the sultan to dissolve the state assembly and call for snap polls. – The Malaysian Insider pic, August 20, 2014.

The menteri besar crisis in Selangor is far from over as the Sultan of Selangor can still dissolve the state legislative assembly for snap polls on the advice of incumbent Tan Sri Abdul Khalid Ibrahim, say legal experts.

PKR president Datuk Seri Dr Wan Azizah Wan Ismail, who received the majority support of the house, has been named by the Pakatan Rakyat (PR) presidential council last Sunday to replace Khalid as MB.

Lawyer Abdul Shukor Ahmad said the 2010 Federal Court ruling in the Nizar vs Zambry case in the Perak constitutional crisis, gave a state ruler the option of ordering the MB to tender his resignation if proven that he (MB) had lost the support of his assemblymen.

Alternatively, he said the ruler could convene an emergency session and direct the MB to test his support in the house.

"If the MB loses the confidence vote, he tenders his resignation. The ruler could also dissolve the house if His Royal Highness accepts the MB's advice," Shukor told The Malaysian Insider.

Shukor said the sultan could pave the way for fresh polls because PR is not a registered coalition, unlike the Barisan Nasional (BN,) or he could also accept Khalid's resignation and appoint another lawmaker to run the state.

Speculation has been rife that the sultan might not consent to Dr Wan Azizah helming the state.

It was also reported that PAS's decision to suggest that two names be presented as Selangor MB candidate was made after party president Datuk Seri Abdul Hadi Awang had an audience with the sultan.

PAS Youth chief Suhaizan Kaiat had said this was to avoid “any eventualities” which could see the palace reject PKR’s sole candidate Dr Wan Azizah.

“The president has a good relationship with the Selangor palace. As a result of the audience, the president decided that an alternative name should be presented in anticipation of any eventualities involving the palace and Wan Azizah,” Suhaizan had said in a statement yesterday.

He said this in response to the PR decision to only submit the name of Dr Wan Azizah, who is the Kajang assemblywoman, as the new state MB.

The PAS central working committee had earlier in the day proposed the names of Dr Wan Azizah and Bukit Antarabangsa representative Azmin Ali for the position.

But, Azmin, who is also PKR deputy president, declined the nomination.

Shukor also said there was a significant meaning when PAS proposed two names for the position.

"Minus the law and convention, PKR and DAP should be sensitive and respectful of the Malay culture. You do not try to force something down someone's throat," he said in response to PAS's suggestion to submit two names to the Sultan.

Shukor said Azmin was equally capable of becoming the chief executive of the state.

"We need a strong personality to steer the state to greater heights, deliver all the election promises and protect the rights of the state.

They said the ruler, being a constitutional monarch, was guided by written laws and practices in making the appointment.

Meanwhile, a retired judge said the current situation in Selangor was a double-edge sword for PR.

"This is because on the advice of Khalid, the ruler could let the electorate choose their government," said this ex-judicial officer who declined to be identified as he had advised a monarch on procedures to appoint his head of state.

Moreover, he said the ruler has to take into account that Dr Wan Azizah is also the wife of opposition leader Datuk Seri Anwar Ibrahim.

"There have been precedents in the past where the palace had requested more than one name to be submitted for the ruler to consider," he said.

Lawyer R. Kengadharan said the Selangor ruler is constitutional monarch and he appointed a MB who in his judgment commanded the confidence of the majority of the members of the House.

He said Dr Wan Azizah had overwhelming majority after PAS decided to stay with Pakatan Rakyat.

"She has more than two-thirds assemblymen supporting her for the position."

PR, comprising PAS, PKR and DAP, has 43 seats in the house, BN which is in the opposition has 12 seats while Khalid is the only independent following his sacking from PKR.

He said Dr Wan Azizah's nomination could only be rejected if she had a pending criminal charge or bankruptcy petition.

"Apart from that she fulfills all the criteria as required under the constitution."

Another lawyer Sivarasa Rasiah said the MB's position is deemed vacant since Sunday after PAS withdrew support for Khalid and nominated Dr Wan Azizah and Azmin Ali for the position.

According to the spirit of the constitution, the ruler appoints a candidate who enjoys support of the majority assemblymen," said Sivarasa, who is also a PKR political bureau member.

He said under prevailing circumstances where the numbers were in favour of Dr Wan Azizah, dissolution of the house was out of question.

"Maybe, Khalid could have advised the Sultan to dissolve the assembly when he first had an audience with the ruler on August 11."

Sivarasa, who is Subang MP, said the Election Commission had stated it would cost about RM50 million to conduct snap polls in Selangor.

"I believe the ruler would take this factor and other reasons why simultaneous polls should not be held to elect 56 assemblymen to the assembly."

- TMI